Mutual Assistance in Criminal Matters Act 1992

Requests to New Zealand - Assistance in arranging attendance of person in foreign country - Assistance in obtaining attendance of persons in foreign country

41B: Information about time remand prisoner spent in custody overseas pursuant to request under section 38

You could also call this:

"Time spent in overseas custody as a prisoner"

Illustration for Mutual Assistance in Criminal Matters Act 1992

You are a prisoner charged with a crime in New Zealand. If you are sent to another country before your sentence is decided, the Attorney-General can ask that country to send a certificate. This certificate shows how long you were held in the other country. If the other country does not send a certificate, the Attorney-General can make one. The Attorney-General can do this if they have enough information to calculate how long you were held. A certificate from the Attorney-General has the same effect as one from the other country for certain purposes, such as section 91(4A) of the Parole Act 2002. If the Attorney-General makes a certificate and then gets one from the other country, the new one replaces the old one. This new certificate is used for section 91(4A) of the Parole Act 2002.

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This page was last updated on 12 October 2025

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM274450.

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Crime and justice > Courts and legal helpCrime and justice > Police and safetyCrime and justice > Criminal law

41A: Effect of transfer to foreign country pursuant to request under section 38 on remand prisoner’s sentence, or

"What happens to your sentence if you're sent to another country to face charges"

42: Custody of persons in transit, or

"What happens if you're in custody and pass through New Zealand to another country"

Part 3Requests to New Zealand
Assistance in arranging attendance of person in foreign country: Assistance in obtaining attendance of persons in foreign country

41BInformation about time remand prisoner spent in custody overseas pursuant to request under section 38

If a prisoner who is charged with or convicted of an offence against the law of New Zealand (the New Zealand offence) is transferred to a foreign country pursuant to a request by that country under section 38 before sentence is imposed for the New Zealand offence, the Attorney-General may request the foreign country to provide a certificate recording the total period during which the prisoner was detained outside New Zealand in connection with the request until sentence was imposed for the New Zealand offence.
A certificate obtained under subsection (1) is presumed to be accurate, unless the contrary is proved.
The Attorney-General may issue a certificate setting out the date and period referred to in subsection (1) if—
the foreign country does not provide a certificate within a reasonable time after the Attorney-General makes a request under subsection (1); and
the Attorney-General is satisfied from the information that the Attorney-General has that an accurate calculation can be made of the period referred to in subsection (1).

For the purposes of section 91(4A) of the Parole Act 2002, a certificate given by the Attorney-General under subsection (3) has the same effect as a certificate under subsection (1).
Subsection (6) applies if, after the Attorney-General has given a certificate under subsection (3),—
a certificate requested under subsection (1) is obtained from the foreign country; and
the period specified in that certificate is different from that specified in the Attorney-General’s certificate.

If this subsection applies, the new certificate is a substitute certificate for the purposes of section 91(4A) of the Parole Act 2002.

Notes

Section 41B: inserted, on 18 June 2002, by section 10 of the Mutual Assistance in Criminal Matters Amendment Act 2002 (2002 No 23).